[HISTORY: Adopted by the Borough Council of the Borough of
Pine Grove 11-20-1997 by Ord. No.
338. Amendments noted where applicable.]
A.
ABANDONED VEHICLE
LESSEE
MOTOR VEHICLE
NUISANCE
OWNER
PERSON
As used in this chapter, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Any type of vehicle, including a trailer, which:
Owner for the purpose of this chapter when the lessor holds
the Lessee responsible for maintenance and repairs;
Any type of mechanical device, propelled by a motor, in which
persons or property may be transported upon public streets or highways,
and including trailers or semi-trailers pulled thereby.
Any condition, structure, or improvement which shall constitute
a threat to the health, safety or welfare of the citizens of the Borough
of Pine Grove.
The actual owner, agent or custodian of the property in which
motor vehicles are stored, whether individual or partnership, association,
or corporation.
A natural person, firm, partnership, association, corporation
or other legal entity.
B.
In this chapter, the singular shall include the plural, the plural
shall include the singular, and the masculine shall include the feminine
and the neuter.
It shall be unlawful for any person, owner or lessee to maintain
a motor vehicle nuisance upon open-private grounds of such person,
owner or lessee within the Borough of Pine Grove or upon any private
structures of such person within the Borough of Pine Grove. A motor
vehicle nuisance shall include any motor vehicle which is unable to
move under its own power and has any of the following physical defects:
A.
Broken windshields, mirrors or other glass with sharp edges.
B.
One or more flat or open tires or tubes which could permit vermin
harborage.
C.
Missing doors, windows, hood, truck, or other body parts which could
permit animal harborage.
D.
Any body parts with sharp edges, including holes resulting from rust.
E.
Missing tires resulting in unsafe suspension of the motor vehicle.
F.
Upholstery which is torn or open which could permit animal and/or
vermin harborage.
G.
Broken head lamps or tail lamps with sharp edges.
H.
Disassembled chassis parts apart from the motor vehicle stored in
a disorderly fashion or loose in or on the vehicle.
I.
Protruding sharp objects from the chassis.
J.
Broken vehicle frame suspended from the ground in an unstable manner.
K.
Leaking or damaged oil pan or gas tank which could cause fire or
explosion.
L.
Exposed battery containing acid.
M.
Inoperable locking mechanisms for doors or trunk.
N.
Open or damaged floor boards, including trunk and fire wall.
O.
Damaged bumpers pulled away from the perimeter of the vehicle.
P.
Broken grill with protruding edges.
Q.
Loose or damaged metal trim and clips.
R.
Broken communication equipment antenna.
S.
Suspended or unstable supports.
T.
Such other defects which could threaten the health, safety and welfare
of the citizens of the Borough of Pine Grove.
A.
Any person, owner or lessee who has one or more motor vehicle nuisances as defined in § 177-2 above may store such vehicles in the Borough of Pine Grove only in strict compliance with the regulations provided herein. Such person, owner or lessee must first apply for a permit for either temporary or permanent storage and pay a fee to the Borough of Pine Grove such as may be provided from time to time by resolution of the Borough Council of the Borough of Pine Grove. The then-permitted nuisance(s) must be stored within a garage or other enclosed building or outside within an opaqued fence at least six feet high which is locked at all times when unattended. With the special approval of the Borough Council of the Borough of Pine Grove, motor vehicle nuisances may also be stored outside in an area enclosed by a chain linked fence, at least six feet high, screened by shrubbery around the perimeter to the height of the fence, with an unobstructed gate capable of admitting fire or emergency equipment. Such gate shall remain locked at all times when unattended. In addition, all gas and oil or other flammable liquids shall be removed from the motor vehicle and it shall be kept free of vermin infestation while being stored.
B.
Nothing herein shall be construed to permit the storage of motor
vehicle nuisances contrary to the provisions of the Zoning Ordinances
of Schuylkill County as applicable to the Borough of Pine Grove.
A.
The Pine Grove Borough Police Department and/or any other individual
as may be designated from time to time by the Borough Council of the
Borough of Pine Grove are hereby empowered to inspect grounds on which
motor vehicles are stored to determine if there is compliance with
the provisions of this chapter. If noncompliance with the provisions
of this chapter constitutes a nuisance, or if any condition, structure
or improvement poses a threat to the health, safety, or welfare of
the public, such inspecting officers shall issue written notice to
be served by registered or certified mail upon the owner of said premises,
or, if the owner's whereabouts or identity be unknown, by posting
the notice conspicuously upon the offending premises.
B.
Such notice shall specify the condition or structure or improvement
complained of, and shall require the owner to commence to remove or
otherwise rectify the condition or structure or improvement as set
forth therein within 10 days of mailing or posting of said notice,
and thereafter to fully comply with the requirements of the notice
within a reasonable time.
If the owner of grounds on which motor vehicles are stored does
not comply with the notice to abate the condition, within the time
limit prescribed hereinabove, the Borough of Pine Grove shall have
the authority to take such measures to correct the conditions and
collect the cost of such corrections, plus 10% of all costs thereby
incurred. The Borough of Pine Grove, in such event and pursuant to
its statutory or otherwise authorized police powers, shall have the
right and power to enter upon the offending premises to accomplish
the foregoing, and to take any other reasonable and necessary acts
consistent with the terms, conditions, prohibitions and penalties
set forth in this chapter.
A.
An abandoned vehicle may not be parked, stored or left to remain
on any lot, tract, parcel of land or portion thereof, either occupied
or unoccupied, approved or unapproved, in the Borough of Pine Grove,
unless necessary for the operation of a business enterprise lawfully
permitted on private property.
B.
The Pine Grove Borough of Police Department and/or such individual as designated by Borough Council shall be empowered to order the removal of such abandoned vehicle(s) within five days from the date of service of notice of violation as prescribed in § 177-4 hereinabove.
C.
If the property owner and/or vehicle owner can demonstrate to the
Pine Grove Borough Police Department and/or designee of Borough Council
that the existence of any unoccupied vehicle(s) is necessary for the
operation of a business enterprise lawfully permitted on private property,
and that appropriate remedial steps are being taken, consistent with
the terms and conditions of this chapter, to make safe the subject
area, then the said Pine Grove Borough Police Department or designee
of Borough Council shall make such orders as are necessary, consistent
with the said remedial steps to be taken, in order to abate any existing
hazards or dangerous conditions or nuisances as may have been found
to exist.
A.
Any person aggrieved by the decision of the Pine Grove Borough Police
Department or the said designee of the Borough Council may request
and shall then be granted a hearing before the Pine Grove Borough
Council; provided, however, that the said individual requesting a
hearing must file with the Borough Council of the Borough of Pine
Grove within 10 days after notice of the Borough's decision with
respect to the nuisance, a written petition requesting such hearing
and setting forth a brief statement of the grounds therefor. In the
event of such filing, Borough Council shall schedule and hold a hearing
not later than 30 days after the date on which the petition was filed,
unless otherwise postponed for sufficient cause shown.
B.
After such hearing, the Borough Council of the Borough of Pine Grove
shall sustain, modify or overrule the action of the Pine Grove Borough
Police Department or designee of the Borough, as Council in its wisdom
shall elect.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Violations of this chapter shall be punishable for each offense
by a fine of not less than $25 nor more than $600, plus costs of prosecution,
and, in default of payment of such fine and costs, by imprisonment
for not more than 30 days. Violation of this chapter beyond a single
day shall be deemed a continuing violation, and each additional day
on which a violation shall occur shall constitute a separate and distinct
offense.
The remedies provided herein for the enforcement of this chapter,
or any remedy provided by law, shall not be deemed mutually exclusive;
rather, they may be employed simultaneously or consecutively, at the
option of the Borough Council of the Borough of Pine Grove.
